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HomeMy WebLinkAboutKIN 96 096 - 97/98 Cons Person - e - - THE CORPORATION Of THE TOWN Of KINCARDINE .4"~"'~ ø'/ ~o" .....::fìà ^ ~\ - - ~= \ I . ,:J..,~,'.. <'" '. <;"~'? BY-LAW NUMBER 1996 - 96 THE TOWN OF KINCARDINE CONSOLIDATED PERSONNEL BY-LAW A BY-LAW TO CONSOLIDATE AND ESTABLISH PERSONNEL POLICIES FOR EMPLOYEES OF THE TOWN OF KINCARDINE First and Second Reading Third and Final Reading December 19, 1996 December 19, 1996 e e e - CONSOLIDATED PERSONNEL BY-LAW TABLE OF CONTENTS Subiect Article No. Absence Without Leave ............ 32.0 Accidental Death & Dismemberment.. 13.0 Advancement ...................... 31.0 Amendments to by-law....... ...... 38.3 Annual Employee Evaluation ....... 30.0 Boot Allowance .................. . Canada Pension Plan .............. Clothing and Equipment ... ........ Co-Op Students (Vacation Pay) Co-Op Students (Paid Holidays) Compassionate Leave .............. Complaint Procedure .............. Conferences and Conventions. ..... Court Duty ....................... Death Benefits ................... Definitions ...................... Dental Benefits .................. Disciplinary Procedures .... ...... Effective Date of By-law..... Employee (Change of Information) Employee Evaluation (Annual) Employer Rights ........ Extended Health Care Harassment policy Health and Safety Hiring Procedures .. ...... ........ . ......... . 15.5 10.1 15.0 6.09 7.6 8.0 22.0 17.0 29.0 · . . . . . . .. 20 12 20 23 19 ........ . ........ . ......... . ........ . · . . . . . . .. 13 · . ... . . .. 10 13 7 8 8 15 14 19 ........ . ........ . ........ . ........ . ........ . ........ . ........ . 11.1 (e) ...... 1.1......... 11.3 ......... 27.0 ......... 42.0 38.2 30.0 2.0 11.2 2.6 15.0 24.0 Interpretation 1.0 Interview Procedures .. 26.0 Jury Duty ....... . Kincardine & District Recreation Board Employees .. Leave of Absence . ....... Lieu Time ....... Life Insurance .......... Long Term Disability..... Medical Benefits Medical Certificate ...... Meeting Allowance ........ Mileage, Private Vehicle .... Name of By-law .. .. Negotiation Procedures New positions ..... O.M.E.R.S... .......... Overtime .................... Paid Holidays . . Pay Equity Pay Period .. .... Pension Benefits ....... 29.0 3.3 33.1 4.0 13.0 12.0 11.0 38.1 20.0 16.0 41. 0 37.0 35.2 10.2 4.0 7.0 35.0 3.5 10.0 ..... . ...... . ........ . .... ... 23 .. ... .,. 22 21 ..... . 7 ..... .... 21 3 10 ...... . Paae No. 10 1 11 18 23 23 19 3 11 3 13 17 1 .. 17 19 3 21 4 12 12 10 23 15 14 10 4 e e e e TABLE OF CONTENTS - Paae 2 Subiect Article No. .Paae No. Pregnancy Leave ....... . 28.0 19 Private vehicle Mileage 16.0 14 Probationary Period 23.0 16 Reclassification .. . 31. 0 20 Regular Remuneration 3.0 3 Repeals . . .... . 40.0 .. . 23 Replacement/Relief Pay 21. 0 15 Reporting Absence · . .... . 32.0 20 Restructuring (municipal) 38.0 . . 23 Retirement · . 10.3 .. . . . 10 Retroactive Pay · . · . . . 3.7 ..... . 4 Shift Premium · . 18.0 ...... . 14 Sick Leave · . 9.0 ... . .... . 8 Staff Training 5.0 ... . .... . 6 Stand-By Remuneration · . 19.0 ... . ... . 15 Statutory Holidays 7.0 ... . .... . 7 Step-up pay 21. 0 ........ . 15 Storm/Snow Policy 33.2 ... . ... . 21 Replacement/Student/ Seasonal employees. 3.2 · . · . .. . 3 Termination of Employment · . 36.0 · . · . · . 22 Unemployment Insurance . . .. . 34.0 · . 21 Vacancies . .. . 25.0 · . · . 17 Vacations · . 6.0 · . · . · . 6 Vision Care Benefits · . 11.4 · . · . · . 11 Workers Compensation ... . 14.0 · . · . 13 SCHEDULES "A" "B" "Cft "D" "E" "F" "G" "H" "r" "J" "K" ftLft ftMft "Nft "a" "P" "Q" Current Pay Grades by Position Rates of Pay by Grade Safety Boot Allowances Mileage Rate (Private Vehicle) Lump Sum Mileage Payments Evaluation Form - Management/Supervisory Evaluation Form - Clerical/Secretarial Evaluation Form - Manual/Mechanical Student/Seasonal Wages Expense Allowances - Conferences/Conventions Management Employees Shift Premium Rates Stand-By Remuneration Job Evaluation Manual/Points Meeting Remuneration Harassment Policy Replacement Allowances e e e e BY-LAW NO. 1996 - 96 A BY-LAW TO CONSOLIDATE AND ESTABLISH PERSONNEL POLICIES FOR EMPLOYEES OF THE CORPORATION OF THE TOWN OF KINCARDINE, ITS BOARDS, COMMITTEES AND OTHER BODIES RECEIVING MUNICIPAL FUNDS, SAVE AND EXCEPT EMPLOYEES COVERED BY COLLECTIVE BARGAINING AGREEMENTS. NOW THEREFORE the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1.0 INTERPRETATION AND DEFINITIONS 1.1 In this By-law: (a) " Employee n means any person in the employ Corporation of the Town of Kincardine and who remuneration for services provided. of The receives (b) npermanent full timen means a person employed by the municipality on a permanent basis having a work schedule of not less than 30 hours per week (for OMERS purposes "Continuous Full Time") . (c) npermanent part timen means a person employed by the municipality on a permanent basis having a work schedule of less than 30 hours per week (for OMERS purposes "Other Than Continuous Full-Time") . (d) nTemporary full timen means a person employed by the municipality on a temporary basis having a work schedule of not less than 30 hours per week. (e) "Temporary basisn means a period determined Council of the municipality and whose work pre-determined and set by resolution of council. by the term is (f) "Temporary part timen means a person employed by the municipality on a temporary basis having a work schedule of less than 30 hours per week. (g) nCasualn means a person employed by the municipality for a specific project for a brief and specific length of time and shall be deemed not to be included in the other classifications. (h) "Permanent seasonal employeen means an employee whose work period is not necessarily specified and who returns to the same position on a seasonal basis every year. (i) nSummer studentn means an employee hired for any period between May 1st and Labour Day inclusive. The employee does not necessarily have to be a student provided the position filled is one traditionally filled by students. -2- e (j) "Replacement employee· means an employee who replaces a permanent full-time employee who is on sick leave, vacation, long-term disability, etc. and who performs substantially the same work as that employee. (k) "Employer· means The Corporation of the Town of Kincardine, its Boards, committees or other bodies receiving municipal funds other than grants, and does not include the Kincardine Public Utilities Commission. (l) "Town· means The Corporation Kincardine. of the Town of (m) "Council" means the Council for The Corporation of the Town of Kincardine. e (n) "Ontario Health Insurance Plan" means the standard ward accommodation provided while in hospital and the coverage provided for medical and surgical expenses provided by the Ontario Health Insurance Plan, or its equivalent, as determined by the Province of Ontario in its statutes and regulations. (0) ·OMERS· means the pension plan provided by the Ontario Municipal Employees Retirement System, including Type 3 of the supplementary plan. (p) "Day· shall mean eight hours for those employees employed on a 40-hour per week basis, and shall mean seven hours for those employees employed on a 35-hour per week basis. (q) "Regular earnings· shall mean the basic pay to an employee, and does not include overtime earnings, vacation pay, shift differential, stand-by pay, meeting allowance, bonuses, workers' compensation benefits, long term disability payments, or lump sump payments, but does include retroactive pay adjustments for basic salary. e (r) "Immediate family" means husband, wife, grandmother, grandfather, father, mother, brother, sister, son, daughter or grandchild of either the employee or his or her spouse. Common law spouses shall be deemed to be spouses. (s) ·Contributory earnings· (for OMERS purposes) shall include regular salary, retroactive pay, regular vacation pay, shift premium and statutory holiday pay, but shall not include bonuses, stand-by pay, overtime pay, meeting allowance or vacation pay paid on termination. (t) "Management employees· means employees listed on Schedule "K" attached to and forming part of this by-law. (u) "Week's earnings· shall be calculated by dividing an employee's annual salary by fifty-two weeks. (v) "Evening meetings· shall be meetings which commence after normal office hours or which commence during normal office hours but extend more than one-half hour beyond normal office hours. e e e e e -3- 1.2 In this by-law, words importing the male persons female persons, words in the singular include the and words in the plural include the singular, context requires. include plural, as the 2.0 EMPLOYER RIGHTS 2.1 The Council has and shall retain the exclusive right to manage the affairs of the municipality. 2.2 The Council shall maintain efficiency. and order, discipline 2.3 The Council shall hire, discharge, direct, classify, transfer, promote, demote and suspend or otherwise discipline any employee, provided that a claim that an employee has been discharged or disciplined without reasonable cause may be the subject of a complaint and dealt with as hereinafter provided. 2.4 The Council in exercising the aforesaid function so in a fair and reasonable manner in accordance provisions of this by-law, and all laws of the of Ontario and Dominion of Canada. shall do with the Province 2.5 Nothing in this by-law shall be construed as imposing personal liability upon an individual who, from time time, is an employee of the Town of Kincardine administrate and administer policies of the Town Kincardine. any to to of 2.6 The Town of Kincardine has a harassment policy in place, Schedule "P", which shall be strictly enforced by Council. All employees have the obligation to be acquainted with this policy and adhere to it. 3.0 REGULAR REMUNERATION 3.1 Permanent employees shall receive remuneration based on the pay grade assigned to each position, outlined on Schedule "A". Effective the 1st day of January annually, the salary ranges for each pay grade set out in Schedule "B" shall apply. 3.2 Rates of pay for permanent seasonal, summer student, and replacement employees shall be pursuant to Schedule "I" attached hereto and forming part of this by-law. This schedule shall not apply where regulations of the federal or provincial government specify wages of employees hired for programs sponsored by those agencies. 3.3 Student and temporary part-time employees under the jurisdiction of the Kincardine and District Recreation Board are exempt from the summer student wage policy set out on Schedule "I". The Board shall submit to the Council on an annual basis the wage scale to be paid to part-time Davidson Centre and Recreation Dept. employees in order that the committee may be assured that the policies of the Recreation Board are generally consistent with the policies of Kincardine Town Council with respect to wages paid to part-time employees. 3.4 Each employee shall receive his/her pay on pay day; pay day being bi-weekly on Thursdays. 3.5 The pay period for the municipality shall commence at 12:01 a.m. on the Sunday of every other week. 3.6 e -4- Each employee shall be provided together with his pay cheque, an itemized statement of his salary, overtime, and any other supplementary pay and deductions. Subject to the approval of the administration, an employee may elect to have his/her pay deposited directly to his/her bank account and the employee provided with a statement indicating all earnings and deductions. 3.7 All retroactive increases in wages and salaries as adopted shall be paid to the employees within four weeks of the date of the passage of the by-law adopting the salaries. Retroactive pay shall not be paid to employees who have terminated employment with the Town prior to the date of the passage of the by-law. 4.0 OVERTIME. LIEU TIME 4.1 Overtime shall be at the discretion of the Town through its authorized representatives and the Town shall fairly compensate employees who are required to work overtime. e 4.2 4.3 4.4 Overtime must be supervisor, with articles. authorized in advance by the employee's exceptions as noted in the individual Excessive booked overtime cannot be accumulated by an employee from year to year. (See 4.9(f)) Overtime records shall be kept by the department head, who shall, on a timely basis, accurately record overtime hours earned, paid out, or taken off in lieu of payment. 4.5 In certain circumstances, such as snow plowing, overtime may be required by the Town and this fact shall be reflected in the position's job description. 4.6 e 4.7 Non-management employees are entitled to receive minimum overtime compensation of one hour for called-in overtime; i.e. the employee has been called back to work from home. Overtime hours worked as an extension of normal working hours shall receive overtime compensation or time off in lieu for each completed fifteen (15) minute period worked by him. Shift premium shall not be paid in addition to overtime remuneration. 4.8 Overtime shall not be included for the purposes of calculating fringe benefit payments. 4.9 Permanent, full-time emD10vees (non-manaaement): e (a) Regular work week is normally 35 or 40 hours, depending upon the employee's job description. (b) All overtime must be documented on the timesheets and note hours worked not hours to be paid. (c) All overtime hours must be authorized by the employee's immediate supervisor in advance. The only exception to this rule is in the case of a working supervisor requiring staff for emergency situations; i.e. snow plowing, pump alarms, etc. e e e e -5- 4.9 (d) Subject to the provisions of the Employment Standards Act, overtime shall either be paid at one and one-half times the employee's salary, or, with the consent of the employee, be taken in time off in lieu at the rate of one and one-half times. (e) If the accumulated overtime has not been taken off in lieu, or scheduled to be taken off, by November 30th, the department head shall authorize a cash pay-out to the employee, which will be made by December 31st. (f) Overtime December 31st year. accumulated between December 1st may be carried over to the next and fiscal 4.10 TemDorarv and Part-Time EmDlovees <includes seasonal and students}: (a) Overtime shall only be accumulated if the employee works more than 44 hours in one week. (b) Overtime accumulated by temporary and part-time employees shall be in unusual situations. (c) All overtime shall be documented on the weekly timesheets and note hours worked not hours to be paid. (d) All overtime hours must be authorized by the employee's immediate supervisor in advance. (e) Overtime shall be paid, or with the consent of the employee, taken off in lieu at time and one-half within one week. It is the supervisor's responsibility to schedule time off in lieu if the employee wishes compensation in this manner. In the event that the supervisor neglects to do so, the employee shall receive a cash pay-out of accumulated overtime. 4.11 Permanent Full-Time Manaaement EmDlovees (a) This section applies to employees designated as management employees pursuant to Schedule "K" attached to and forming part of this by-law. (b) The Town will endeavour to provide adequate resources to enable each department to meet the objectives and level of service required by the Council without excessive overtime being incurred. Management employees are expected to manage the resources of their department and their own time using proper delegation, time management and other management principles, in order to meet the objectives and level of service established by the Council without incurring excessive overtime. It is acknowledged that on some occasions, some overtime shall be required; therefore, management employees may take time off within one month of working such overtime. Overtime hours are not to be accumulated or carried forward. Management employees shall, on a regular basis, keep the chief administrative officer informed of excessive workloads or unyielding deadlines which may cause overtime in order that alternate solutions may be investigated, while ensuring that the objectives and level of service required by the Council be maintained. e e e e 4.11 5.0 5.1 5.2 -6- (continued) (c) The chief administrative officer shall be required to report to the committee of the whole on the subject of his overtime in the same manner as the management employees do to the chief administrative officer. STAFF TRAINING Employees shall be provided with the training necessary to carry out their tasks in a safe and efficient manner. Department heads may, within their approved budgets, schedule employees for specific training. The Town shall cover 100% (one hundred per cent) of the costs for any courses required by the Town upon successful completion of the course. For employees required to take technical courses of a short duration (five days or less), the Town will pay 100% of tuition, accommodation, and meal expenses and shall pay travel expenses pursuant to the travel policy. Employees who wish to further their education relative to their particular position with the Town and anticipate financial assistance, must obtain approval from their department head before enrolling in any course of study. Satisfactory proof of successful completion of the course must be submitted. The employee shall be reimbursed 50% (fifty per cent) of the costs of the course (including books but excluding travel costs) one year following successful completion of the course provided the employee is still employed by the Town. 6.0 VACATIONS 6.1 Vacation cannot be taken before January 1st of each year and must be taken within the succeeding twelve (12) months thereafter. 6.2 It is not the general policy of the Council to allow employees to take two years' vacation as one extended leave (i.e. the end of one year period together with the beginning of another). 6.3 Annual vacation categories for all permanent full-time and permanent part-time employees shall be as follows: (a) Less than one year - one day of vacation per month worked, up to a maximum of ten days. An employee hired before July 1st, may take one week vacation after six full months of continuous service and the balance after January 1st of the year following the start of their employment. (4%) (b) 1 to 3 years - ten (10) days vacation. (4%) (c) 3 to 9 years - fifteen (15) days vacation. (6%) (d) 9 to 18 years - Twenty (20) days vacation. (8%) (e) 18 to 25 years - Twenty-five (25) days vacation. (10%) (f) 25 years and over - Thirty (30) days vacation. (12%) All vacation days shall be paid at the employee's regular weekly earnings, not including overtime, replacement pay or any other payment(s), for the vacation period. Permanent calculated multiplied which they part-time employees vacation payment shall be based on their earnings of the previous year by the percentage indicated on the category have reached. e e e e -7- 6.4 In determining eligibility for vacations, the employee's anniversary date shall be used. For the purposes of this section "continuous service" means no break in service due to termination of employment. 6.5 Employees shall request vacation approval from their supervisor at least fourteen days in advance of vacation and shall do so on the form provided by the Town. 6.6 vacation shall be approved on the basis of seniority each department. The department head shall determine number of employees who will be on vacation at any time. in the one 6.7 Vacations shall not be cumulative from year to year. Exceptions to this may be approved by the department head, in the case of a department head by the chief administrative officer, and in the case of a department head not under the jurisdiction of the chief administrative officer, by the supervising committee or board. 6.8 Employees with more than one year of service shall not draw pay in lieu of vacation except under special circumstances, which must be authorized by resolution of council. 6.9 Vacation benefits for temporary or casual employees shall be pursuant to the Employment Standards Act of Ontario. Co-operative education students employed by the Town shall receive the same vacation entitlement as granted to temporary part-time employees under the Act. 6.10 Upon termination of a permanent employee, compensation for accumulated vacation shall be calculated based on the accumulated vacation as of January 1st of the current year, if it has not already been taken, plus the percentage indicated on the category which the employee has reached multiplied by the gross earnings from January 1st of the current year to the date of termination. 7.0 PAID HOLIDAYS 7.1 All permanent full and part-time employees shall be paid for the following holidays: (a) New Year's Day (b) Good Friday (c) Easter Monday (d) Victoria Day (e) Canada Day (f) August Civic Holiday (g) Labour Day (h) Thanksgiving Day (i) Christmas Day (j) Boxing Day (k) Floating holiday and any other day which is proclaimed as a public holiday by the federal or provincial governments. 7.2 Where any of the holidays noted in 7.1 fall on a Saturday or Sunday, the succeeding Monday shall be designated as a holiday in lieu of the holiday falling on these days, excepting shift employees, who shall receive another day in lieu, or one day's pay. 7.3 The floating holiday may be taken at any time during the year, with the consent of the employee's supervisor. 7.4 Where any of the paid holidays occur during an employee's vacation period, an additional vacation day shall be granted to the employee. That day shall be at the discretion of the department head. e -- - -- -8- 7.5 Where any of the above holidays occur during an illness, that day shall not be charged against the employee's sick leave credits. 7.6 All other classes of employees shall receive payment for public holidays pursuant to the Employment Standards Act of Ontario. Co-operative education students employed by the Town will receive the same benefits as granted to temporary part-time employees under the Act. 7.7 All non-permanent employees must fulfill the eligibility requirements for public holidays under the Employment Standards Act of Ontario. 8.0 COMPASSIONATE LEAVE 8.1 All permanent full-time employees shall be allowed up to a maximum of three (3) working days off for compassionate leave due to the death of a member of his immediate family (see definitions section for definition of "immediate family"). 8.2 Additional prohibitive discretion (5) days. days off for extenuating circumstances (i.e. travelling distance) shall be granted at the of the department head, to a maximum of five 8.3 All permanent full-time employees shall be allowed a maximum of one (1) sick day to attend the funeral of an aunt, uncle, niece or nephew. 9.0 SICK LEAVE 9.1 Every permanent full-time employee who has completed a minimum of three (3) months' service shall be entitled to accumulate sick leave at 1.75 days per month worked from date of hire at one hundred per cent (100%) of salary (21 days per year). The earned sick leave shall be cumulative from year to year to a maximum of two hundred (200) working days. The maximum number of accumulated sick days for employees with more than 200 as at January 1, 1990 shall not increase, but shall decrease by usage until it falls below 200 whereupon the maximum of 200 shall apply. 9.2 Permanent part~~~~ employees sh~J receive sick leave credits pro-r~, against the fû1l-time employee entitlement based on the percentage of hours worked in the previous ye~. For example, a part-time employee who, in the previous year, worked 1,095 hours compared to that of a full-time employee would be entitled to 56% (fifty-six per cent) of the full-time employee's sick leave allotment (1,095 divided into 1,957), or 12 paid sick days in the following year (21 X 56%) . For the purposes of this calculation, a permanent full-time employee is deemed to work 1,957 hours per year, and the sick leave credits shall be rounded to the nearest half-day. 9.3 There shall be no sick leave remuneration caused by accident or illness for which an receiving workers' compensation benefits. for absence employee is 9.4 No credit shall be given to an employee in any month who is absent from duty in that month, (1) without leave, or (2) for more than eleven (11) working days for any reason other than vacation, workers compensation, or leave of absence. e e e - 10.0 10.1 10.2 10.3 10.4 -10- An employee may appeal the chief administrative officer's decision to the committee of the whole. The committee of the whole, in camera, shall deal with appeals to the chief administrative officer's decision, and the committee of the whole's decision shall be final. PENSION BENEFITS AND RETIREMENT Canada Pension Plan deductions are made from all employees up to the maximum amount required to conform to the provisions of the Canada Pension Plan. The employer shall make such matching contributions as required under the Canada Pension Plan. All continuous full-time employees shall, upon hiring, be enrolled in the Ontario Municipal Employees Retirement System (OMERS). The Town shall deduct from all employees' pay the contributions required by the Plan, and the Town will make such contributions on the employees' behalf as required by the Plan. All provisions of the OMERS Act shall apply with respect to transfers, payments, etc. Normal retirement age shall retire at the end sixty-fifth birthday. is sixty-five (65). Employees of the month following his or her Other than continuous full-time employees may join OMERS pension plan if they so desire, provided that eligibility requirements of OMERS are met. the the 11.0 MEDICAL BENEFITS 11.1 General (a) the with The Town of Kincardine reserves the right to insurance carrier for medical benefits after the employees. select review (b) Medical benefits' are optional with each employee and not a condition of employment, where they are already otherwise covered. (c) Permanent part-time employees shall be entitled to all extended health care, vision care, and dental benefits provided to full-time employees. However, the portion of -t;l¡.e premium paid by the Town shall be pro-rated against a full-time employee's entitlement based on the percentage of hours worked in the previous year. For example, if the Town pays 100% of the premium cost for a full-time employee, a part-time employee who worked 1,095 hours in the previous year will pay 56% of the premium (1,095 divided into 1,957 hours). For the purposes of this calculation, a regular full-time employee is deemed to work 1,957 hours per year. The cost of the employee's share of benefits shall be deducted from the employee's pay cheque. (d) Coverage commences on the first day of the third month following an employee's date of hire. (e) In the event that a permanent full-time employee dies while employed by the Town, the Town shall continue to pay extended health care, vision plan, and dental plan premiums on behalf of that employee's dependents for a period of two (2) years from the date of the employee's death, provided the employee's share of the premiums is remitted to the Town. This section shall not apply if the insurance company in effect at the time does not offer this benefit as an option. e e e e 11.2 11.3 11.4 -11- (f) Employees who have reached the age of 55, have been continuously employed by the Town of Kincardine for a minimum of ten (10) years, and elect to take early retirement, may continue on the Town's medical benefit plan from the date of early retirement until age 65, provided the employee pays the full premium cost of the benefits (both Town and employee shares). Extended Health Care (a) The Town of Kincardine shall cover 100% (one hundred per cent) of the cost of the benefit premium for permanent full-time employees. (b) Extended health care benefits include private and semi-private hospitalization, drugs that require a physician's prescription, and other services or supplies administered by, or ordered by a licensed physician or medical practitioner as provided by the insurance company in effect. particulars of the benefit plan are outlined in the insurance company's handbook to employees. (c) Employees shall be reimbursed costs covered under the benefit pursuant to the applicable administrative policy in effect at the time. In some cases, an employee may be required to pay for the goods and services and be reimbursed following submission of a claim to the insurance company. Dental Benefits (a) The dental benefit provided to the employee shall include 100% coverage for basic care, 80% coverage for restorative dental care, and 50% coverage for orthodontic care. The maximum benefit allowed shall be no less than $1,500 combined maximum on basic and restoration benefits for each individual of the employee's family in a calendar year, and at least $1,500 maximum for orthodontic treatment and appliances for each individual of the employee's family for the duration of coverage. (b) For services provided under basic care, restorative care and orthodontic care, refer to the employee handbook provided by the insurance company. (c) The Town of Kincardine shall pay 75% of the premium cost of the plan for permanent full-time employees. Employees will pay 25% of the premium cost, and shall have those costs deducted from their pay cheques. Premiums and benefits shall be based on the Ontario Dental Association fee schedule no older than one year prior to the salary year (e.g. 1992 rates in the 1993 salary year) . Vision Care (a) The maximum benefit for any employee or anyone of his/her dependents shall be no less than $200, during any two consecutive calendar years for adults and everyone calendar year for dependent children. (b) The Town of Kincardine shall pay 75% of the premium cost of the plan for permanent full-time employees. Employees shall pay 25% of the premium cost of the plan and such premium shall be deducted from the employee's pay cheques. e e e e -12- 12.0 LONG TERM DISABILITY 12.1 Long term disability shall be provided to all full-time employees under the age of 65 on the of the third month following an employee's hire permanent first day date. 12.2 The Town of Kincardine reserves the right to select the insurance carrier. 12.3 The long term disability benefit shall be 70% of basic monthly earnings, with a maximum of no less than $2,500 per month. Payments commence following a minimum four-month waiting period calculated from last day worked. Employees may use accumulated sick leave prior to commencing long term disability. Calculation of payments shall be made by the insurance company pursuant to its own rules and regulations. 12.4 Eligibility for long term disability determined by the insurance company. occupation" benefit shall be provided insurance company. benefits shall be A two year "own if offered by the 12.5 Employees commencing long term disability shall have their (or a similar) position held open for them for one year. Benefits shall be continued for that period, provided the employee pays his share of the premiums. Should an employee be able to return to work after one year has expired, he or she must apply for a position as would any other person seeking employment with the Town. Employees on long term disability as at the date of the passage of this by-law shall enjoy employment status as agreed between the Town and the employee when the employee commenced receiving long term disability benefits. 12.6 The Town of Kincardine shall pay 100% of the premium cost for long term disability. 13.0 LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (A.D. & D) 13.1 Life insurance shall be provided to all permanent full-time employees equal to 200% of basic annual earnings rounded to the next higher $1,000. with a maximum of no less than $150,000. The benefit shall be provided on the first day of the third month following an employee's hire date. 13.2 The Town of Kincardine reserves the right to select the insurance carrier. 13.3 Accidental death and dismemberment (A.D.&D.) shall be 200% of basic annual earnings rounded to the next higher $1,000, with a maximum of no less than $150,000. 13.4 A.D.&D. insurance for loss of or loss of use of certain bodily functions shall be pursuant to the schedule provided by the insurance company. 13.5 An employee may choose to have dependent coverage equal to $5,000 for the death of a spouse and $2,500 for the death of a child. e e e e -13- 13.6 The for for Town of Kincardine shall pay 100% of the premium cost life, A.D.&D., and dependent life insurance coverage permanent full-time employees. 14.0 WORKERS' COMPENSATION 14.1 Employees must report injuries to his supervisor or designate immediately following such injury. Failure to report may result in no compensation payment. In the event that the Town is fined by W.C.B. for an employee's failure to report an accident, the employee shall be subject to discipline which will, at a minimum, require the employee to pay the penalty assessed by W.C.B. 14.2 Employees approved for workers compensation payments shall not receive his or her regular salary during that period, and shall receive workers compensation payments pursuant to rules and regulations prescribed by the Workers' Compensation Board. 14.3 Where an employee has been injured while carrying out his duties for the Town of Kincardine and has made a claim for benefits from the Workers' Compensation Board, normal payment of salary shall cease (see 14.2). If a delay of more than 15 days after the employee's last paycheque occurs, an advance of up to 75% of the employee's net pay can be approved by the chief administrative officer. The chief administrative officer shall determine eligibility re work-related injury, etc. If not approved, the employee may appeal to the committee of the whole, in camera. The committee of the whole's decision shall be final. Any such advances must be repaid by the employee when he is compensated by the Workers' Compensation Board. If the claim is not approved by the Board, the employee must reimburse the Town any funds advanced. 14.4 Employees off work and receiving workers' compensation benefits shall receive all other benefits as would normally be received had the employee been at work, until retirement, unless stipulated otherwise in this by-law, provided the employee pays his share of the premiums. 15.0 HEALTH AND SAFETY/CLOTHING AND EOUIPMENT 15.1 The health and safety of employees is of primary importance to management and its goal is the prevention of all accidents, occupational illnesses and injuries. 15.2 Management accepts its responsibility to inform employees of known hazards and to develop effective standards for protecting the health and safety of employees. 15.3 Each manager is responsible and held accountable for providing a safe and healthy work environment for employees, controlling hazards by using well-designed processes, equipment, training and programs. 15.4 Each employee shares with management the for preventing accidents, occupational injuries. responsibility illnesses and 15.5 The Town of allowance to attached to employees so while on duty. Kincardine shall provide a the employees listed on and forming part of this noted must wear safety boots boot IIC" All times safety Schedule by-law. at all e e e e -14- 15.6 Boot allowance payment shall only be made once per year and only upon receipt of a bill of sale for proper safety boots. If no boots are purchased, no boot allowance shall be paid. 15.7 The Town of Kincardine reserves the right to require any employee to wear certain protective clothing and the Town shall be responsible for either providing the clothing or reimbursing the employee providing the employee submits evidence of payment. 16.0 PRIVATE VEHICLE MILEAGE 16.1 When duly authorized by the department head, any employee that shall be required to use his own vehicle for Town use, shall be paid at the current rate set by the Town or be reimbursed expenses from another source. The employee may elect only one source for reimbursement. The current rate is attached as Schedule "D" attached to and forming part of this by-law. 16.3 Certain employees are entitled to a lump sum payment for use of private vehicles within the Town on Town business. Those employees and the schedule of payment are attached to this by-law as Schedule "E". Employees receiving this benefit will not receive mileage on a "per kilometer" basis in addition to the lump sum payment, with the exception of out-of-town travel. 16.3 Non-owned automobile liability insurance shall be carried by the Town with a contractual extension. Such insurance shall provide excess liability insurance over and above the employee's own liability insurance in the event an accident occurs while the employee is operating his own vehicle on Town business. 17.0 CONFERENCES AND CONVENTIONS 17.1 Employees authorized to attend conferences and conventions shall receive expenses as outlined on Schedule "J" attached to and forming part of this by-law. All submitted expenses must be substantiated with receipts. 18.0 SHIFT PREMIUM 18.1 All permanent employees that are shift workers shall be paid shift differential pursuant to Schedule "L" attached to and forming part of this by-law. 18.2 Shift differential shall not be paid for hours worked as outlined on Schedule "L" if those hours are worked as part of a summer schedule enabling employees to work longer hours during the week in order to take time off in lieu of those hours. e e e e -15- 19.0 STAND-BY REMUNERATION 19.1 Permanent employees entitled duty shall be remunerated attached to and forming part to remuneration for stand-by pursuant to Schedule "M" of this by-law. 20.0 MEETING ALLOWANCE 20.1 For those employees required to attend meetings to record minutes as noted in their respective job descriptions, the overtime payment policy will apply. 20.2 Management employees for meetings attended to and forming part of remuneration "0" attached shall be entitled to pursuant to Schedule this by-law. 21.0 REPLACEMENT/RELIEF PAY AND STEP-UP PAY 21.1 When a permanent employee is requested by his supervisor to fill a position, other than his own, which has a pay grade higher than his own, he shall be entitled to step-up pay that is equivalent to: The pay current rate. grade of the position, that he is filling, at his step to a maximum increase of 15% of his regular Step-up pay shall commence on the first hour worked. 21.2 When a department head or supervisor is absent, due to sickness or vacation, relief pay shall be paid to the replacement at the rate of pay mid-point between the department head or supervisor's rate of pay and the replacing employee's rate. The positions to which this article applies and conditions of payment are outlined on Schedule "Q" attached to and forming part of this by-law. 22.0 COMPLAINT PROCEDURE 22.1 With the exception regulations made employee complaint the any of such matters as are governed by under provincial legislation, shall be dealt with as follows: STEP ONE: (a) Employee whose supervisor is a department head or lower: If an employee has a complaint that he feels has not been resolved to his satisfaction by discussion with his supervisor, he may, without fear of recrimination, discuss the complaint with the department head. The department head may, in some cases, be the employee's direct supervisor. The department head must reply to the complaint within two (2) working days, and shall document the discussion. (b) Employee whose supervisor is the chief administrative officer (i.e. certain department heads): The employee may discuss his complaint with the chief administrative officer. The chief administrative officer must reply to the complaint within two (2) working days, and shall document the discussion. e e e e -16- 22.1 (continued) (c) Employee whose supervisor is a committee or (i.e. certain department heads and the administrative officer) : roam chief The employee may or board. The complaint within the discussion. discuss the complaint with the committee committee or board must reply to the two (2) working days, and shall document STEP TWO: Failing a satisfactory settlement of the complaint, the employee, without fear of recrimination, may within three (3) working days submit the complaint in writing in full detail to the appropriate committee or board, with a copy to the chief administrative officer. STEP THREE: The complaint shall be placed on the confidential agenda of the next committee or board meeting, and the department head and chief administrative officer shall be invited to attend. The employee concerned shall be invited to state his case, listen to the department head's reply, and then be required to withdraw. The department head, and the chief administrative officer if the complainant is under his direct supervision, shall also be required to withdraw. STEP FOUR: The appropriate committee or board shall then consider the case and on reaching a decision, so notify the complainant in writing, with a copy to the department head and chief administrative officer. The committee may defer a decision at its option to obtain additional information, but must render its decision within fourteen (14) working days. The appropriate committee or board, at its option, may: (i) refuse to hear a frivolous complaint; (ii) appoint third party to hear the complaint and to render an opinion on it for submission. STEP FIVE: If the employee is not satisfied with the committee/board decision, he may appeal to the committee of the whole, in-camera. The committee of the whole may hear further or additional representation before rendering its decision, which it shall do in writing within fourteen (14) working days, with a copy to the department head and chief administrative officer. 23.0 PROBATIONARY PERIOD 23.1 employee shall be hired for a probationary period of (6) months, unless otherwise stipulated or provided in provincial or federal legislation. An six for 23.2 During the probationary period, an evaluation shall be made by the employee's department head, who shall use this evaluation as a basis for recommending to the level of management responsible for hiring the employee cessation of the probationary period, continued probation, or termination of the employee. - - - - -17- 23.3 Nothing in the provisions of sections 22.1 or 22.2 shall be interpreted to prevent the employee or the employer from terminating employment before the expiry date of the probationary period. 23.4 Termination of employment may take place upon the initiative of either the employee or the employer. 24.0 HIRING PROCEDURE 24.1 The Council shall hire the chief administrative officer and all department heads by by-law. 24.2 Permanent staff (part-time and full-time) shall be hired by resolution of Council, as recommended by the appropriate department head or committee/board. 24.3 All non-permanent staff shall be hired by the department head within their approved budgets. Department heads shall provide hiring reports to council. 25.0 VACANCIES 25.1 Vacancies for all permanent full-time and positions in the Town of Kincardine shall be internally. If a suitable candidate cannot internally, then the position shall be externally through available channels. part-time advertised be found advertised 25.2 Vacancies for summer and non-permanent seasonal positions shall be advertised in the local newspapers. 25.3 Non-permanent, casual positions of an expected duration of six (6) weeks or less need not be advertised. 26.0 INTERVIEW PROCEDURES 26.1 For the chief administrative interview team shall consist designated committee of Council. the the officer's of the position, mayor and 26.2 For department head positions under supervision of the chief administrative interview team shall consist of the representative from Council and the chief officer. the direct officer, the mayor, one administrative 26.3 For department head positions under the direct supervision of a committee of Council, the interview team shall consist of the mayor and two representatives from the supervising committee, and the chief administrative officer if invited. 26.4 For all other positions, the interview team shall consist of the department head and his or her designate. If the position reports to a supervisor other than the department head, that supervisor shall be deemed to be the department head's designate. e e e e -18- 27.0 DISCIPLINARY PROCEDURE 27.1 Disciplinary action should be corrective, not punitive. 27.2 When a situation arises where a supervisor feels that disciplinary action may be required, he shall gather all the facts and discuss them with the employee prior to instituting any disciplinary measures. 27.3 The Town shall follow the progressive disciplinary steps as outlined below: (a) The employee's immediate supervisor (or supervising committee or board) shall discuss the problem with the employee and shall give a verbal warning to the employee. This discussion shall be documented by the supervisor and, where the supervisor is below the department head level, shall be reported to the department head. (b) Where the supervisor is below the department head level and the infraction continues or is repeated, the matter shall be referred to the department head who shall meet with the individual and take further disciplinary action if warranted in accordance with this by-law. (c) If further disciplinary action is required, a clear written warning from the department head (or committee/board as the case warrants) shall be issued to the employee outlining the nature of the infraction, expected corrective action within a specified period of time, and consequences if the employee fails to comply. A copy of this letter shall be filed in the employee's personnel file. (d) If necessary, a second written warning shall be issued to the employee, indicating that this is a final warning before more serious consequences shall follow. A definite time period should be outlined for the employee to correct his/her conduct. A copy of this letter shall also be placed in the employee's personnel file, a copy provided to the chief administrative officer, and to the appropriate committee or board. (e) If the employee does not meet the requirements set out in the letter, the department head shall meet with the appropriate committee and the chief administrative officer (this group hereinafter referred to as the "management team") to determine further disciplinary action, which may include suspension without pay. The employee concerned shall not be in attendance at this meeting. When a decision is reached, the employee shall be informed of the decision in writing, and the appropriate action taken immediately. (f) If all of the above steps do not resolve the problem, the management team shall meet and, in consultation with a labour relations solicitor, shall recommend dismissal, if warranted, to the management level responsible for hiring the employee (hereinafter referred to as the "hiring body"). Prior to the hiring body making a final decision, it shall give the employee (or his agent, or both) an opportunity to make representation before it. Following such hearing, which shall be held in-camera, the hiring body shall render its decision, in writing, to the employee, within fourteen (14) working days. e e e e -19- 27.3 (continued) (g) In the event of an action by an employee which warrants immediate suspension or dismissal, Council may consider the matter immediately and take whatever action it considers appropriate. Discussion of the matter shall be held in-camera. (h) In cases of dismissal, the notice period shall be determined by the hiring body. 28.0 AMCNDCD/REPEALED f1( of abse§'!M-W~'; ry.t due granted DÞ.Tfn a' ~ ~ Act of Ontario. to The PREGNANCY LEAVE 28.1 Requests for leave pregnancy shall be Employment Standards 28.2 The employee shall make written application to the head of heê department requesting such leave at least two (2) weeks prior to the starting date of the leave. Such request shall be accompanied by a certificate from a duly qualified medical practitioner stating the expected day of delivery. 28.3 When an employee is on pregnancy leave, the Town shall continue to pay its ~~J.~~J~(~~I~ance, medical and supplem7ntary ben~~\~~A~~ ~~~iOd of four (4) months provlded the ~MP!b~~ ~u work at the expiration of such lÐA'P'£! ~ Q}.. d pays their applicable share of such benefits. 28.4 If the employee does not return to work at the expiration of the leave of absence, the money so expended for payment of the fringe benefits noted in section 28.3 shall be recovered from the employee's severance pay. 29.0 JURY AND COURT DUTY 29.1 If an employee is required to serve on jury duty, or is subpoenaed as a witness, on a case in which he is not a named party, the Town shall pay the employee his full wages provided he turns over to the Town the amount received as compensation, if any, other than travelling allowance, and further provided the employee reports for work when not required at court. 30.0 ANNUAL EMPLOYEE EVALUATION 30.1 An evaluation of each permanent performance shall be carried out each employee hired after January 1st shall this process with the exception of required after six months' probation. employee's job year. A new be exempt from the evaluation 30.2 Evaluations shall be completed by the employee's immediate supervisor. In the case of department heads not reporting to the chief administrative officer, the evaluation shall be completed by the appropriate Board or Committee of Council. -20- 30.3 The evaluation is to be completed no later than one month before the anniversary date of each employee, except for employees that have reached step 5 of the pay grade, which can be completed at any time during the year, in the following manner: e e 31. 0 31.1 e 31. 2 (i) Sufficiently before the completion date, the supervisor shall write down an evaluation of each employee's job performance under his jurisdiction, using the form appended to this by-law as Schedule "F", "G", or "H" attached to and forming part of this by-law, dependent upon the employee's status. He shall give one copy of the completed form to the employee for his perusal. (ii) Within one week of the receipt of his copy employee shall meet with the supervisor to discuss evaluation. This meeting shall be scheduled by supervisor. The employee shall write his comments complaints on the evaluation form and shall sign it. employee's signature does not certify his agreement this evaluation, but indicates that he has read it discussed it with his supervisor. the the the or The with and (iii) In the event of disagreement, the employee may follow the complaint procedure outlined in section 22 of this by-law. (iv) A copy of the completed evaluation shall be provided to the employee. A sealed copy, marked "Confidential" sahlI be provided to the chief administrative officer for filing in the employee's personnel file. Only the employee and the appropriate supervisor are to have access to the evaluation. (v) The supervisor administrative officer employees. shall provide to the chief the rating given to each of his EMPLOYEE ADVANCEMENT AND RECLASSIFICATION Employees shall annually progress from one another within their position's pay grade anniversary date, provided the employee's evaluation is "satisfactory" or better. step to on their performance A position's pay grade may be reviewed upon application to the chief administrative officer who shall determine if a review is in order. If the applicant is dissatisfied with the chief administrative officer's decision, he/she has recourse to the complaint procedure outlined in this by-law. 32.0 ABSENCE WITHOUT LEAVE/REPORTING ABSENCE 32.1 32.2 32.3 e An absence from department head without leave. work without the approval or his designate is considered of the absence An employee shall not receive remuneration while absence without leave, and unauthorized absence result in disciplinary action. on may An employee, allocation in pay which must after having exhausted his/her vacation a given year, may request days off without be approved by the department head. e e e e -21- 32.4 Employees are personally responsible for advising his superv1sor or designate on each occasion necessitating an absence from duty due to illness or unforeseen circumstances. Employees must notify their supervisor or designate within two hours of their normal start of work. 33.0 LEAVE OF ABSENCE 33.1 Council personal working absence of one absence service may grant leave of absence to any employee for reasons when such leave is in excess of one week. Department heads may grant leave of to any employee for personal reasons for leaves working week or less. Employees on leave of shall not be paid and shall not accumulate or benefits while on leave. 33.2 Any employee who is absent from work during normal working hours due to inclement weather shall not be paid for such time absent. However, the employee shall have the opportunity to make up such time and must do so within one month. The employee shall be paid for the make-up time at his normal basic rate of pay, which shall not be increased by overtime or shift differential. 34.0 UNEMPLOYMENT INSURANCE 34.1 Deductions shall be made from all employees' paycheques as established by the Unemployment Insurance Commission. The Town shall pay its share as established by the Unemployment Insurance Commission. 35.0 EOUAL PAY FOR WORK OF EOUAL VALUE (PAY EQUITY) 35.1 In 1994, through a compensation study, the Town of Kincardine has adopted an evaluation plan that encompasses pay equity. All positions in the same pay grade shall receive the same pay, regardless of whether the employee is male or female. 35.2 Before the Kincardine Town Council will create a new position in the Town, or hire a person into a new position, the following action must be taken: (a) The responsible department head must submit a draft job description to the chief administrative officer; (b) The chief administrative officer shall review the job description and submit it to the designated committee of council for personnel. (c) The designated committee of council shall review the job description and make any changes deemed appropriate. The chief administrative officer, personnel chair and appropriate department head shall evaluate it, based on the evaluation plan accepted in the 1994 compensation study. The criteria to be used for this evaluation is attached as Schedule "N", forming part of this by-law. (d) The chief administrative officer by-law for consideration by Council report setting out the relevant details and position. shall prepare a together with a of the evaluation e e e e -22- 36.0 TERMINATION OF EMPLOYMENT 36.1 An employee's termination date shall be his last day physically at work. Any monies owing to him for unused overtime, vacation, etc., shall be paid in cash on his last pay cheque. 37.0 NEGOTIATION PROCESS 37.1 The council shall, at the beginning of its term, appoint one councillor who shall be responsible for personnel matters. That councillor, the mayor and the chief administrative officer shall be responsible for annual salary and benefit negotiations with the non-management employee group and the management employee group, and shall report to and receive direction from the committee of the whole, in camera, as required. The councillor responsible for personnel matters and the mayor shall negotiate with the chief administrative officer. 37.2 The permanent, non-management employees shall choose from amongst themselves a "negotiating committee", which shall consist of no more than five members, who shall be the liaison between the non-management employees and the negotiating committee of council. An employee who sits on the employee negotiation committee shall not be subject to adverse action or discrimination by Council because of his/her involvement with the employee negotiation committee. 37.3 Management employees, with the exception of administrative officer, shall form a separate group from those employees outlined in clause the chief negotiating 37.2. 37.4 The chief administrative officer shall negotiate separately with the negotiating committee of council. 37.5 On or before October 1st of the year prior to the year for which negotiations are being undertaken, the employee negotiating groups shall present to council, through the chief administrative officer, confidentially, in writing, their requests for salary and benefits for the following year. The council negotiating committee shall then meet with the committee of the whole, in camera, and schedule meetings with the employee negotiating groups to discuss the requests. This negotiating process may require several meetings. 37.6 It is the general intention of the Council to conclude the negotiating process prior to January 1st; however, in an election year, this may be impossible, and the out-going council may wish to leave the salary negotiations for the new council to carry out. In this case, the employee groups shall be required to adjust to council's schedule. 37.7 Nothing in this section employees from agreeing benefit package. and and shall preclude the council to a multi-year salary e e e e -23- 38.0 MUNICIPAL RESTRUCTURING 38.1 It us understood that the issue of municipal restructuring may become important during the term of this by-law. The Town understands and appreciates that this is a real concern to employees. Any restructuring agreement which is agreed to among municipalities should include provisions for employees. The Town assures all employees that they will be treated in a fair manner. Employees shall be given an opportunity to meet and discuss severance packages. 38.2 In the event that such a restructuring agreement is made during the term of this by-law, the Town agrees to re-open negotiations with the employees to discuss its implications. 39.0 GENERAL PROVISIONS 39.1 Employees in all positions certificate of health, ~n requirements of the Human Rights the Human Rights Commission. a medical with the policies of must submit accordance Code and the 39.2 All employees must report to either superv~sor or the payroll department if made in their name, address, telephone status, dependent coverage, or change in their immediate any changes are number, marital beneficiary. 39.3 This by-law shall not be amended without consultation with the employee(s) affected by the amendment. 40.0 BY-LAW AND POLICY REPEALS 40.1 By-law number 1995-17 be and the same is hereby repealed. 41.0 NAME OF BY-LAW 41.1 This By-law shall be cited as the "1997/98 Consolidated Personnel By-law". 42.0 EFFECTIVE DATE 42.1 This by-law shall come into full force and effect on January 1, 1997. READ a FIRST AND SECOND time this 19th day of December, 1996. READ a THIRD TIME and FINALLY PASSED this 19th day of December, 1996. ~~ Mayor SCHEDULE nA" AMB,mroIREPEALED BY BYLAW NO. f q q {- .J.. ß DArED ('(\ A'i ),,:1.1 qì - TOWN OF KINCARDINE e CURRENT PAY GRADES BY POSITION e Job Title Job Points Pay Grade Clerk-Administrator 791 22 Treasurer/Deputy-Clerk 693 18 Manager of Public Works 672 17 Treasurer 668 17 Facilities/Parks Manager 601 15 Fire Chief 592 14 Chief Building Official 590 14 Director of Recreation 557 13 Public Works Supervisor 548 12 W.W.T.S. Chief Operator 547 12 Deputy Clerk 540 12 Mechanic 487 10 Aquatics Director 485 10 Parks Supervisor 476 10 Building Inspector 461 9 W.W.T.S. Operator/Maintainer 457 9 Senior Accounting Clerk 454 9 W.W.T.S. O/M in training 435 8 Tax Clerk/Typist 433 8 Executive Secretary 428 8 Inside Mtn/Lead Hand - Rec 421 7 Outside Maintainer 397 6 Inside Maintainer - Admin. 387 6 Clerk-Typist/Recept-OPP 385 6 Clerk-Typist/Recept-Admin 385 6 Clerk-Typist/Recept-Bldg 385 6 Program Coordinator - Rec. 384 6 Clerk-Typist/Recept-Rec. 380 6 Inside maintainer - Fire 376 6 Cemetery Maintainer 372 5 Waste Diversion/Red. Coord. 371 5 Inside Maintainer - Rec. 366 5 Accounting Clerk 365 5 Clerk-Typist/Recept. - Fire 355 5 Waste Collection Maintainer 353 5 Labourer - Waste Management 348 4 Landfill Site Maintainer 347 4 Landfill Site Gate Attendant 341 4 Parks Maintainer 326 4 Custodian - Administration 317 3 Assistant Cemetery Maintainer 306 3 Asst. Clerk-Typist - Rec. 286 2 e e e e e e SCHEDULE RB" TOWN OF KINCARDINE RATES OF PAY BY GRADE Effective date: January 1st, 1997 NOTE: Non-Management Group - Hourly salaries from grade 1 to 12, inclusive. Management Group - Annual salaries from grade 13 to 23, inclusive. Points Pay Step Step Step Step Step From to Grade 5 4 3 2 1 NON-MANAGEMENT GROUP 250 275 1 $13.31 $12.95 $12.60 $12.26 $11.92 276 300 2 13 .86 13.48 13 .11 12.76 12.41 301 325 3 14.43 14.04 13.65 13 .28 12.92 326 350 4 15.03 14.61 14.21 13 .82 13.45 351 375 5 15.65 15.22 14.80 14.39 14.00 376 400 6 16.30 15.85 15.41 14.99 14.58 401 425 7 16.98 16.51 16.05 15.61 15.18 426 450 8 17.68 17.19 16.72 16.25 15.81 451 475 9 18.42 17.91 17.41 16.93 16.46 476 500 10 19.19 18.66 18.14 17.64 17.15 501 525 11 20.00 19.44 18.90 18.37 17.86 526 550 12 20.84 20.25 19.69 19.14 18.61 MANAGEMENT GROUP 551 575 13 46,155 44,907 43,680 42,473 41,329 576 600 14 48,068 46,737 45,468 44,220 43,014 601 625 15 50,044 48,672 47,340 46,030 44,782 626 650 16 52,124 50,689 49,296 47,944 46,612 651 675 17 54,288 52,790 51,334 49,920 48,547 676 700 18 56,555 54,974 53,456 51,979 50,544 701 725 19 58,905 57,283 55,681 54,142 52,644 726 750 20 61,380 59,675 58,011 56,409 54,828 751 775 21 63,939 62,171 60,424 58,760 57,116 776 800 22 66,622 64,771 62,961 61,214 59,508 801 825 23 69,430 67,496 65,603 63,772 62,004 e e e e SCHEDULE "B" TOWN OF KINCARDINE RATES OF PAY BY GRADE Effective date: January 1st, 1998 NOTE: Non-Management Group - Hourly salaries from grade 1 to 12, inclusive. Management Group - Annual salaries from grade 13 to 23, inclusive. Points Pay Step Step Step Step Step From to Grade 5 4 3 2 1 NON-MANAGEMENT GROUP 250 275 1 $13.56 $13.20 $12.85 $12.51 $12.17 276 300 2 14.11 13.73 13 .36 13.01 12.66 301 325 3 14.68 14.29 13 .90 13 .53 13 .17 326 350 4 15.28 14.86 14.46 14.07 13.70 351 375 5 15.90 15.47 15.05 14.64 14.25 376 400 6 16.55 16.10 15.66 15.24 14.83 401 425 7 17.23 16.76 16.30 15.86 15.43 426 450 8 17.93 17 .44 16.97 16.50 16.06 451 475 9 18.67 18.16 17.66 17.18 16.71 476 500 10 19.44 18.91 18.39 17.89 17.40 501 525 11 20.25 19.69 19.15 18.62 18.11 526 550 12 21.09 20.50 19.94 19.39 18.86 MANAGEMENT GROUP 551 575 13 47,005 45,757 44,530 43,323 42,179 576 600 14 48,918 47,587 46,318 45,070 43,864 601 625 15 50,894 49,522 48,190 46,880 45,632 626 650 16 52,974 51,539 50,146 48,794 47,462 651 675 17 55,138 53,640 52,184 50,770 49,397 676 700 18 57,405 55,824 54,306 52,829 51,394 701 725 19 59,755 58,133 56,531 54,992 53,494 726 750 20 62,230 60,525 58,861 57,259 55,678 751 775 21 64,789 63,021 61,274 59,610 57,966 776 800 22 67,472 65,621 63,811 62,064 60,358 801 825 23 70,280 68,346 66,453 64,622 62,854 e e e e SCHEDULE "C" SAFETY BOOT ALLOWANCES Effective Date: January 1, 1997 position Manager of Public Works Facilities/Parks Manager Fire Chief Chief Building Official Director of Recreation Public Works Supervisor W.W.T.S. Chief Operator Mechanic Aquatics Director Parks Supervisor Building Inspector W.W.T.S. Operator/Maintainer Inside Maintainer/Lead Hand - Recreation Outside Maintainer Inside Maintainer - Municipal Buildings Cemetery Maintainer/Outside Maintainer Inside Maintainer - Davidson Centre Waste Collection Maintainer Labourer - Waste management Landfill Site Maintainer Landfill Site Gate Attendant Parks Maintainer Custodian - Municipal Buildings Assistant Cemetery Maintainer/Outside Maintainer Part Time - Parks, Public Works, Davidson Centre Maintainer (includes summer and seasonal employees) AMENDCDIREPEALED BY BYlAW NO. I qcn - ;:;).~ DATED frI'A,\.::\.,) I cn Pavrnent $110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 110.00 55.00 e e e e Effective date: o - 10,700 km. 10,701 - 24,000 km. Over 24,000 km. SCHEDULE RD· MILEAGE RATE (PRIVATE VEHICLE) January 1, 1997 30.0 cents per kilometer 22.0 cents per kilometer 18.5 cents per kilometer e e e e Effective date: Emplovee AMt:NUtDIREPEALED BY SCHEDULE "E· BYLAW NO. 19 g_ì -.:1... ~ LUMP SUM MILEAGE PAYMENTS DATEn m A '\ ~).I..9J. January 1, 1997 Lump Sum Amount Director of Recreation Program Coordinator $ 600.00 500.00 e e e - SCHEDULE "F" THE CORPORATION OF THE TOWN OF KINCARDINE PERFORMANCE EVALUATION MANAGEMENT - SUPERVISORY PRIVATE AND CONFIDENTIAL WHEN COMPLETED ANNUAL PERFORMANCE EVALUATION The Town of Kincardine has initiated a revised employee evaluation procedures and forms. This procedure is designed to evaluate employees in order to assist both the employee and the supervisor in pinpointing strengths and weaknesses and to help employees in their professional development and to do a better job in their position. Evaluators are instructed to take their time and prepare a well-thought-out and honest evaluation of each employee. Do not take the easy way out and rank all employees the same. Treat this as an opportunity to sit down with each employee and have a heart-to-heart talk with them about their performance. This procedure should be a positive tool and develop both better employees and better supervisors. Evaluators who have questions on the form or procedures should discuss them with the Clerk-Administrator. Questions concerning individuals should follow normal reporting lines of authority and responsibility. GENERAL INSTRUCTIONS I. The evaluation is to be completed one month prior to the employee's anniversary date. II . The evaluation shall immediate supervisor supervising committee. each employee's supervisor, the be completed by or, if no III. Upon completion of the evaluation form, the evaluator(s) must provide a copy to the employee, and discuss, in private, the evaluation with the employee. The form must be signed by both the evaluator and the employee. It should be noted that the signature of the employee indicates that the form has been discussed with him/her, and does not necessarily indicate that the employee agrees with it. If the employee does not agree with the rating or the evaluation, an appeal procedure may be followed pursuant to the procedure outlined in the Town's Consolidated Personnel By-law. IV. The completed evaluation shall be forwarded to the chief administrative officer, in a sealed envelope marked "PRIVATE AND CONFIDENTIAL". Employees and evaluators may retain a copy if they wish. Unsigned evaluations will be returned for signature. V. The chief administrative officer will file the completed evaluations in the employee's personnel file, and will advise the payroll department if the employee's rating entitles the employee to a one-step increase on the pay grid (for employees not already at the maximum step). The treasurer will advise the employee, and his/her supervisor, by confidential memorandum, of the revised rate of pay, if any. . . .2 e e e e SCHEDULE RpR - Paqe 2 RATING CRITERIA 1. Exceptional - performance is extraordinary and goes far above expectations for the job. Consistently demonstrates creative approach to the job and proposes innovative ideas. The employee will have exhibited at least one outstanding or unusual accomplishment. 2. Very Good - performance is beyond the requirements for good performance for the position. 3 . Satisfactory requirements. and training. supervision and performance consistently meets full job Has acquired full knowledge, experience Work is done, employee requires little is dependable. 4. Needs Improvement - performance does not always meet the minimum job standards. Requires unnecessary supervision and instruction. Lacks full job knowledge, initiative, experience or/and training and needs improvement. 5. Unsatisfactory performance consistently falls below minimum requirements for the position. Requires constant instruction and motivation to complete even the most rudimentary aspects of the position. Job should not be retained without significant improvement. EVALUATOR'S COMMENTS AND SUGGESTIONS FOR DEVELOPMENT It is critical that this area be completed. You must, in your own words, sum up the individual's strengths, weaknesses and steps to be taken to improve upon these weak areas as well as outlining potential for increased responsibility and job promotion. EMPLOYEE'S COMMENTS In this area, the employee is encouraged to comment on the evaluation, as well as outline his/her expectations for the position. The employee should be given an opportunity to complete this area after the evaluation has been discussed with the employee. e e e e SCHEDULE "a· THE CORPORATION OF THE TOWN OF KINCARDINE PERFORMANCE EVALUATION CLERICAL - SECRETARIAL PRIVATE AND CONFIDENTIAL WHEN COMPLETED ANNUAL PERFORMANCE EVALUATION The Town of Kincardine has initiated a revised employee evaluation procedures and forms. This procedure is designed to evaluate employees in order to assist both the employee and the supervisor in pinpointing strengths and weaknesses and to help employees in their professional development and to do a better job in their position. Evaluators are instructed to take their time and prepare a well-thought-out and honest evaluation of each employee. Do not take the easy way out and rank all employees the same. Treat this as an opportunity to sit down with each employee and have a heart-to-heart talk with them about their performance. This procedure should be a positive tool and develop both better employees and better supervisors. Evaluators who have questions on the form or procedures should discuss them with the Clerk-Administrator. Questions concerning individuals should follow normal reporting lines of authority and responsibility. GENERAL INSTRUCTIONS I. The evaluation is to be completed one month prior to the employee's anniversary date. II . The evaluation shall immediate supervisor supervising committee. each employee's supervisor, the be completed by or, if no III. Upon completion of the evaluation form, the evaluator(s) must provide a copy to the employee and discuss, in private, the evaluation with the employee. The form must be signed by both the evaluator and the employee. It should be noted that the signature of the employee indicates that the form has been discussed with him/her, and does not necessarily indicate that the employee agrees with it. If the employee does not agree with the rating or the evaluation, an appeal procedure may be followed pursuant to the procedure outlined in the Town's Consolidated Personnel By-law. IV. The completed evaluation shall be forwarded to the chief administrative officer, in a sealed envelope marked "PRIVATE AND CONFIDENTIAL". Employees and evaluators may retain a copy if they wish. Unsigned evaluations will be returned for signature. V. The chief administrative officer will file the completed evaluations in the employee's personnel file, and will advise the payroll department if the employee's rating entitles the employee to a one-step increase on the pay grid (for employees not already at the maximum step). The treasurer will advise the employee, and hir/her supervisor, by confidential memorandum, of the revised rate of pay, if any. . ..2 e e e e SCHEDULE "G· - Paae 2 RATING CRITERIA 1. Exceptional - performance is extraordinary and goes far above expectations for the job. Consistently demonstrates creative approach to the job and proposes innovative ideas. The employee will have exhibited at least one outstanding or unusual accomplishment. 2. Very Good - performance is beyond the requirements for good performance for the position. 3. Satisfactory requirements. and training. supervision and performance consistently meets full job Has acquired full knowledge, experience Work is done, employee requires little is dependable. 4. Needs Improvement - performance does not always meet the minimum job standards. Requires unnecessary supervision and instruction. Lacks full job knowledge, initiative, experience or/and training and needs improvement. 5. Unsatisfactory performance consistently falls below minimum requirements for the position. Requires constant instruction and motivation to complete even the most rudimentary aspects of the position. Job should not be retained without significant improvement. EVALUATOR'S COMMENTS AND SUGGESTIONS FOR DEVELOPMENT It is critical that this area be completed. You must, in your own words, sum up the individual's strengths, weaknesses and steps to be taken to improve upon these weak areas as well as outlining potential for increased responsibility and job promotion. EMPLOYEE'S COMMENTS In this area, the employee is encouraged to comment on the evaluation, as well as outline his/her expectations for the position. The employee should be given an opportunity to complete this area after the evaluation has been discussed with the employee. It It e e SCHEDULE nH" THE CORPORATION OF THE TOWN OF KINCARDINE PERFORMANCE EVALUATION INSIDE/OUTSIDE MANUAL AND MECHANICAL PRIVATE AND CONFIDENTIAL WHEN COMPLETED ANNUAL PERFORMANCE EVALUATION The Town of Kincardine has initiated a revised employee evaluation procedures and forms. This procedure is designed to evaluate employees in order to assist both the employee and the supervisor in pinpointing strengths and weaknesses and to help employees in their professional development and to do a better job in their position. Evaluators are instructed to take their time and prepare a well-thought-out and honest evaluation of each employee. Do not take the easy way out and rank all employees the same. Treat this as an opportunity to sit down with each employee and have a heart-to-heart talk with them about their performance. This procedure should be a positive tool and develop both better employees and better supervisors. Evaluators who have questions on the form or procedures should discuss them with the Clerk-Administrator. Questions concerning individuals should follow normal reporting lines of authority and responsibility. GENERAL INSTRUCTIONS I. The evaluation is to be completed one month prior to the employee's anniversary date. II. The evaluation shall immediate supervisor supervising committee. each employee's supervisor, the be completed by or, if no III. Upon completion of the evaluation form, the evaluator{s) must provide a copy to the employee, and discuss, in private, the evaluation with the employee. The form must be signed by both the evaluator and the employee. It should be noted that the signature of the employee indicates that the form has been discussed with him/her, and does not necessarily indicate that the employee agrees with it. If the employee does not agree with the rating or the evaluation, an appeal procedure may be followed pursuant to the procedure outlined in the Town's Consolidated Personnel By-law. IV. The completed evaluation shall be forwarded to the chief administrative officer, in a sealed envelope marked "PRIVATE AND CONFIDENTIAL". Employees and evaluators may retain a copy if they wish. Unsigned evaluations will be returned for signature. V. The chief administrative officer will file the completed evaluations in the employee's personnel file, and will advise the payroll department if the employee's rating entitles the employee to a one-step increase on the pay grid (for employees not already at the maximum step). The treasurer will advise the employee, and his/her supervisor, by confidential memorandum, of the revised rate of pay, if any. . . .2 ---- e e e e SCHEDULE "H· - Paae 2 RATING CRITERIA 1. Exceptiona1 - performance is extraordinary and goes far above expectations for the job. Consistently demonstrates creative approach to the job and proposes innovative ideas. The employee will have exhibited at least one outstanding or unusual accomplishment. 2. Very Good - performance is beyond the requirements for good performance for the position. 3 . Satisfactory requirements. and training. supervision and performance consistently meets full job Has acquired full knowledge, experience Work is done, employee requires little is dependable. 4. Needs Improvement - performance does not always meet the minimum job standards. Requires unnecessary supervision and instruction. Lacks full job knowledge, initiative, experience or/and training and needs improvement. 5. Unsatisfactory performance consistently falls below minimum requirements for the position. Requires constant instruction and motivation to complete even the most rudimentary aspects of the position. Job should not be retained without significant improvement. EVALUATOR'S COMMENTS AND SUGGESTIONS FOR DEVELOPMENT It is critical that this area be completed. You must, in your own words, sum up the individual's strengths, weaknesses and steps to be taken to improve upon these weak areas as well as outlining potential for increased responsibility and job promotion. EMPLOYEE'S COMMENTS In this area, the employee is encouraged to comment on the evaluation, as well as outline his/her expectations for the position. The employee should be given an opportunity to complete this area after the evaluation has been discussed with the employee. -------- -- e e e SCHEDULE "1" SUMMER STUDENT. SEASONAL. AND REPLACEMENT EMPLOYEE WAGES Effective date: January 1st, 1997 Summer Student Non-Supervisory Supervisory $ 6.85 per hour 7.43 per hour Seasonal Employee Non-Supervisory Supervisory $11.03 per hour 13.23 per hour Replacement Emplovees A replacement employee shall be paid 15% less than 1 on the scale of the position being replaced, for first six months. After six months, an increase to 1 will be granted if work is satisfactory. step the step e e e e SCHEDULE nJft EXPENSE ALLOWANCES - CONFERENCES AND CONVENTIONS Effective date: January 1, 1997 1. Salary An employee's regular salary will be paid days of the conference or convention. No will be paid for hours extended outside normal working day or for travelling time. for the workinq overtime salary the employee's 2 . Meals At cost, to a maximum of $50.00 per may be reimbursed if warranted. sufficient detail to justify the reimbursement. day. Unusual expenses Receipts must be of need for additional 3 . Travel By air, if more economical. If not, by rail, bus or automobile. The rate per kilometer for use of own automobile will be pursuant to Schedule "D" attached to and forming part of this by-law. The corporation vehicle will be used when available. Every effort will be made to share rides. The least expensive mode of transportation available will be used. 4. Parkina Parking fees will be reimbursed, at cost, while attending the conference or convention. 5. Taxi and Rental Vehicles Will be reimbursed arrangements make the limousine is used, taxi at cost where the travelling use of these necessary. If a rates only will be reimbursed. 6. Accommodation At cost, all approved accommodation charges. 7. Tips and Gratuities Reasonable tips and gratuities, at cost. 8 . Extraordinarv Excenses At cost only if subsequently approved by Council. 9. Costs for Companion/Spouse The Town will not pay the costs incurred because of a spouse or compan~on accompanying an employee to an approved event unless prior approval has been given by the appropriate authority. 10. Entertainment Excense Entertainment expenses must be previously approved by the appropriate committee or council. e e e e SCHEDULE "K" AMFNnm/REPEALED BY BYlAW NO. \ qo.. ì - .l.~ DATED "'''t'\::1) I q7 . EMPLOYEES DESIGNATED AS MANAGEMENT EMPLOYEES Effective Date: January 1, 1997 Chief Administrative Officer & Clerk Treasurer & Deputy-Clerk Treasurer Manager of Public Works Chief Building Official Fire Chief Director of Recreation Facilities/parks Manager e e e -- SCHEDULE ilL" SHIFT PREMIUM RATES Effective date: $.40 a.m. p.m. January 1, 1997 cents per hour for all non-overtime hours worked outside to 5:00 p.m. for outside workers and 8:00 a.m. and for Davidson Centre inside maintainers. 8:00 4:00 e e e e SCHEDULE nM" AMEr~m:D/REPEALED BY BYLAW NO. 9 9 7 - d.. "ð DATED 1'01'I'f ~.J I gì STAND-BY REMUNERATION Effective date: January 1, 1997 Outside Maintainers - Public Works $ 45.00 per week if on stand-by. Stand-by to be in effect from December 1 to March 31 annually. Waste Water Treatment Svstem EmDlovees $ 60.00 per week if on stand-by. Stand-by to be in effect from January 1 to December 31 annually. Public Works SUDervisor $ 45.00 per week. Stand-by to be in effect from December March 31. This stand-by pay will be paid throughout this with the exception being if the supervisor takes vacation this period, when it will not be paid. vacation consists least 5 days' consecutive absence. This benefit is transferable to the lead hand even in the case of vacation, the manager of public works will take necessary calls. Notes 1 to period during of at not where 1. Maximum of one waste water treatment system employee and three public works employees to be on stand-by in anyone week, not including the public works supervisor. 2. The Manager of Public Works may require stand-by shifts for outside maintainers outside the months of December to March should conditions warrant. e e -~ SCHEDULE no" MEETING REMUNERATION - MANAGEMENT EMPLOYEES Effective date: January 1, 1997 Management employees shall receive one extra week of vacation each year forcompensation for meetings that they attend during the year. It will be requested in the same manner as any other vacation week from the chief administrative officer and is subject to the same rules as other annual vacation. e e - e SCHEDULE npn HARASSMENT POLICY Every employee of the Town of Kincardine has a fundamental right to a work place free from harassment (derived from gender, race, religion, sexual orientation or any other identifying characteristic of the individual's makeup) by the employer, agent of the employer, elected official of the Town or by another employee. The Town of Kincardine is committed to providing a work place which demonstrates mutual respect for one another as employees and individuals and is thereby free from harassment. Note: This policy is not meant to inhibit relationships based on mutual consent or normal social contact between employees. Further, specific comments with regard to work performance as part of regular job evaluations shall not be deemed to be harassing in nature rather they shall be construed as the supervisor's mandate to provide constructive criticism to his/her subordinates. Harassment shall be defined as any non-verbally conveyed to an individual reasonably to be known to be unwelcome action, verbally or that is known or ought to the receiver. Manaqement's ResDonsibilitv: Supervisors who are aware of, or who ought to be aware of harassment taking place in their work unit, must take appropriate action to stop it. Each supervisor shall receive each complaint at face value and the assumption shall be that the complainant believes that harassment is taking place. The supervisor shall inform the complainant of their options be they formal or informal in this regard. Any supervisor who does not inform the complainant of their options or a supervisor who does not investigate and take appropriate action in circumstances of this nature, shall be disciplined and may also be held liable under the Ontario Human Rights Code. Supervisors shall upon receiving a complaint that is criminal in nature shall notify the police immediately upon receiving the complaint. EmDlovees' ResDonsibilitv: Every employee of the Town of Kincardine shall have the responsibility to ensure a workplace free from harassment. Employees who witness harassment, have a responsibility to report their observations to a superior and/or to appropriately intervene on behalf of the victim. Any employee found to have engaged in any type of harassment shall be disciplined up to and including dismissal. Elected Officials' ResDonsibilitv: The assumption shall deemed to hold the same regard to this policy. be made that members of Council status as management employees are with COMPLAINT PROCEDURE The complaint procedure shall be pursuant to the Complaint Procedure contained in this By-law. FORMAL PROCEDURE FOR INVESTIGATION OF A COMPLAINT Every complainant shall be informed that there are formal or informal options available to him/her. . . . /3 - e e e SCHEDULE np. - Paae 3 If the complaint is criminal in nature the complainant shall be informed immediately that the matter is being referred to the police for investigation. Supervisors are encouraged to assist the employee by supporting the employee during any police investigation. Only the complainant may determine if the formal or informal procedure shall be followed, except in the case of a criminal matter. Should the complainant choose to have the complaint formally investigated the following shall apply. The accused harasser's supervisor shall be notified by a written letter that a formal complaint has been lodged. In the case of the chief administrative officer or a member of Council being the accused, any member of Council shall be notified. The onus shall then be on the member of Council to inform the other Councillors of the accusation. The supervisor shall then notify his/her immediate superior that an investigation has been initiated. This procedure shall be followed by each supervisor informing their supervisor until written notification has been received by the chief administrative officer. The immediate supervisor of the accused harasser shall then have ten working days to interview colleagues of the complainant and the accused harasser in order to determine the nature of the complaint, and the circumstances surrounding it. After the ten days have elapsed, the supervisor investigating will notify the complainant and the accused by written registered mail that a hearing will be held. Included in the letter shall be a caution advising both parties that legal counsel may be retained, by any and all parties interested in the matter. Such hearing shall be held within seven days after the completion of the investigation. HARASSMENT HEARING PROCEDURE Panel The hearing will be held in front of a panel of three. Included on the panel shall be one member of Council, one management employee and one non-management employee. The specific people shall be named by Council, with recommendations to be provided by the chief administrative officer. One member of the panel shall act as chair and will run the hearing. The chair, as well as all members of the panel, may take notes during the hearing. In addition, a reporter shall be used to provide a verbatim transcript of the proceedings. Emplovees If one employee has retained counsel for the hearing, both should. It is not appropriate for the Town to pay for either employee's legal costs. Procedure There are two options: 1) Both employees are present for the hearing (Joint Presentation); or 2) Employees may present their evidence separately and not in the presence of each other. .. ./4 e e e e SCHEDULE "P" - Paae 4 Procedure (cont'd) Both employees should agree on whether option 1 or 2 is chosen. If they cannot agree, the panel shall decide after considering the specific circumstances and reason(s) for the disagreement. Option 1 - Joint Presentation 1. The Chair shall call the hearing to order and advise that this is a hearing under the Town's Consolidated Personnel By-Law with respect to a harassment charge made by one employee against another person. For ease of understanding, the term "plaintiff" shall be used for the employee making the charge, and the term "defendent" shall be used for the person who is the alleged harasser. 2. The plaintiff shall first address the panel, outlining the charge and any other pertinent information the plaintiff believes the panel should hear. The plaintiff may call witnesses to substantiate his or her charges. 3 . The defendent shall then respond to the charges. witnesses as well. be given an opportunity to The defendent may call 4. The plaintiff's supervisor shall then present his/her investigation results. This may involve calling further witnesses. The supervisor shall, prior to the hearing, make available a copy of his/her investigation report to the members of the panel, the plaintiff, or the defendent. 5. Members of the panel may at any time question any of the persons involved in the hearing. 6 . Cross-examination of the plaintiff and the defendent by each other shall not be permitted unless both have retained legal counsel and representation. In the absence of legal representation, the plaintiff and/or the defendent may pose questions to the other through the Chair of the panel. The panel shall decide if such question shall be posed to the plaintiff and/or defendent. 7. Following the presentations, both the defendent and the plaintiff shall have a final opportunity to rebut or answer anything that has been presented. 8. The chair which the Council. shall then adjourn the hearing, following panel shall make its recommendations to Option 2 - Separate Presentations 1. The chair shall call the hearing to order and advise that this is a hearing under the Town's Consolidated Personnel By-Law with respect to a harassment charge made by one employee against another person. For ease of understanding, the term "plaintiff" shall be used for the employee making the charge, and the term "defendent" shall be used for the person who is the alleged harasser. 2. The plaintiff and the supervisor shall be present in the room along with the panel. . . . /5 - - - e SCHEDULE np" - Paae 5 Separate Presentations (cont'd) 3 . The plaintiff shall first address the panel, outlining the charge and any other pertinent information the plaintiff believes the panel should hear. The plaintiff may call witnesses to substantiate his or her charges. A transcript shall be provided to the defendent. 4. Following a minimum of two (2) and a maximum of five (5) working days have been provided to review the transcript, the hearing shall reconvene with the defendent being given the opportunity to answer the charges made by the plaintiff. The defendent may call witnesses. Again, a transcript shall be kept and provided to the plaintiff. The defendent shall then leave the hearing. The plaintiff's supervisor shall then present the findings of his/her investigation into the matter. Witnesses may be called. A further transcript of this presentation shall be provided to both the plaintiff and the defendent. The hearing shall then be temporarily adjourned. 5. 6. The hearing shall reconvene after a minimum of two (2) and maximum of five (5) working days have been provided for a review of the transcripts by the plaintiff and the defendent. The plaintiff and the defendent shall then be given separate opportunities to make a final "rebuttal" based on all evidence submitted. Transcripts of these final presentations shall also be made and provided to all parties. 7. The members of the panel may at any time question any of the persons giving evidence or submissions. 8 . The chair which the Council. shall then adjourn the hearing, following panel will make its recommendations to The implementation of any disciplinary measures shall be a matter between the employee and the employee's supervisor. Disciplinary procedures shall be determined by Council based on the report of the panel. The report of the panel is confidential to Council alone. INFORMAL PROCEDURE The informal procedure shall be as follows: shall be recognized that harassment is not easily defined in many instances people harassing may be unaware that actions are creating discomfort. It and their The complainant shall write a letter to the harasser informing her/him of three things; 1) What action was taken; 2) how this action creates discomfort; 3) that the actions must stop. . . . /6 e e e e SCHEDULE npn - Paae 6 Informal Procedure (cont'd) The letter will be sent by registered mail and a copy will be retained by the complainant and by the management employee engaged by the complainant to act as ombudsman. The receipt for such a letter shall also be retained and such letters and receipts could be used as evidence during a formal investigation. The letters and receipts are to be kept in a secure area by the manager but NOT in the employee's personnel file. APPEAL PROCEDURE In the event that the formal procedure has taken place and the harasser is not satisfied with the results, he/she may appeal to the committee of the whole, in-camera. The committee of the whole may hear further or additional representation, including that of the plaintiff. The committee of the whole shall render its final decision, in writing, within fourteen (14) working days, with a copy to the department head and chief administrative officer. e e e e EMPLOYEES N~1,r-,~ Ir""\r-';.¡pr=-p BYG . EAlED BY SCHEDULE "on "'. .- 1 q q 'ì .)",~ DATED- IìI 14 '/ M - AFFECTED BY REPLACEMENT ALLOWANCE / ::if Effective date: January 1, 1997 Department Head/Supervisor Replacement Director of Recreation Chief Building Official Public Works Supervisor W.W.T.S. Chief Operator Facilities Manager Building Inspector Lead Hand - Public Works W.W.T.S. Operator/ Maintainer Notes: 1) Replacement allowance for director of recreation and chief building official shall commence on the 3rd consecutive day of absence. 2) Replacement allowance for public work supervisor and waste water treatment system chief operator shall commence on the first hour worked, but only if the supervisor is absent for more than four (4) consecutive hours. 3) In the absence of both the public works supervisor and the appointed lead hand, the manager of public works may appoint an alternate acting lead hand at his/her discretion.